Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of accused - Applicants relied upon appointment letters which demonstrate their non-executive, independent status, cannot at this preliminary stage, override the categorical averments contained in complaint - Such documents may at best support a defence that offence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to establish alleged encroachment by defendant - Though plaintiff contended that defendant encroached upon his property in the year 2005, inaction by plaintiff in taking any steps against defendant would go to show that said contention is false - Considering evidence of PW1 and..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata can only be examined after detailed examination of pleadings of parties in earlier suit and after perusing all relevant documents filed by parties, which is impossible at the stage of deciding defendant's application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
